Preamble

(1)By a Deed of Conveyance dated 11 May 1895, Amelia Damaris Suter conveyed land to trustees named in the deed to be held on trust for the promotion of art in the City of Nelson as they from time to time should think best and in particular for a site for and otherwise for the establishment and endowment of an art gallery for the people of the City of Nelson to be called the Bishop Suter Art Gallery:

(3)The trustees became incorporated as a Board under Part 2 of the Charitable Trusts Act 1957 under the name of the Bishop Suter Art Gallery Trust Board:

(4)The Bishop Suter Art Gallery Trust Board lacks governance powers to conduct its affairs properly and is unable within its rules to correct the position:

(5)The Bishop Suter Art Gallery Trust Board wishes to ensure the future of the Suter Art Gallery and the protection of the art collection by local authority control and funding:

(6)The Bishop Suter Trust, incorporated as a Board under Part 2 of the Charitable Trusts Act 1957 and being a council-controlled organisation of the Nelson City Council, should be recognised to carry on the functions of the Bishop Suter Art Gallery Trust Board with extended objects and powers:

(7)The Bishop Suter Art Gallery Trust Board should be dissolved:

(8)The property, rights, and obligations of the Bishop Suter Art Gallery Trust Board should be vested in The Bishop Suter Trust:

(10)The change to a council-controlled organisation raises doubts about the liability of The Bishop Suter Trust and the Nelson City Council in respect of benefits received by the Bishop Suter Art Gallery Trust Board from The Suter 2000 Appeal Trust pursuant to the Funding Agreement:

(11)The objects of this Act cannot be attained otherwise than by legislation:

1Title

2Commencement

This Act comes into force 1 month after the date on which it receives the Royal assent.

Part 1Preliminary provisions

3Purpose

The purpose of this Act is to—

(a)transfer all the property, rights, and obligations of the Bishop Suter Art Gallery Trust Board to The Bishop Suter Trust; and

(b)dissolve the Bishop Suter Art Gallery Trust Board and remove it from the register of charitable trust boards under the Charitable Trusts Act 1957; and

(c)provide that certain persons have no legal liability for donations given to the Bishop Suter Art Gallery Trust Board for the redevelopment of the Suter Art Gallery should the redevelopment differ from the basis on which the donations were given, or not proceed, or be postponed; and

4Interpretation

new Board means The Bishop Suter Trust incorporated as a Board under Part 2 of the Charitable Trusts Act 1957

old Board means the Bishop Suter Art Gallery Trust Board incorporated under Part 2 of the Charitable Trusts Act 1957

property—

(a)means every type of property; and

(b)includes—

(i)every type of estate and interest in property; and

(ii)money.

Part 2Transfer of property, rights, and obligations from old Board to new Board

5Transfer of property, rights, and obligations

(1)On and from the commencement of this Act, the property, rights, and obligations of the old Board become the property, rights, and obligations of the new Board.

(2)Proceedings that could have been commenced or continued by or against the old Board before the commencement of this Act may be commenced or continued by or against the new Board on and from the commencement of this Act.

6Matters not affected by the transfer of property, rights, and obligations

(1)The dissolution of the old Board and the transfer of its property, rights, and obligations to the new Board—

(a)is not to be treated as placing a person in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making the person guilty of a civil wrong; and

(b)is not to be treated as entitling a person to—

(i)terminate or cancel or modify a contract, agreement, or arrangement; or

(ii)enforce or accelerate the performance of an obligation; or

(iii)require the performance of an obligation not otherwise arising for performance; and

(c)does not release any surety wholly or in part from all or any obligation; and

(d)does not invalidate or discharge any contract or security.

(2)To avoid doubt, the dissolution of the old Board and the transfer of its property, rights, and obligations to the new Board does not alter the terms and conditions of any trust, agreement, or arrangement under which items are held in the collection of the Suter Art Gallery.

7Employees

(1)This section applies to a person who is an employee of the old Board immediately before the commencement of this Act.

(2)On and from the commencement of this Act, the person becomes an employee of the new Board.

(3)For the purposes of every enactment, law, award, determination, contract, and agreement relating to the employment of the person—

(a)his or her employment agreement is unbroken; and

(b)the period of his or her service with the old Board is to be treated as a period of service with the new Board.

(4)The terms and conditions of employment of the person with the new Board are—

(a)identical to the terms and conditions of his or her employment with the old Board immediately before the commencement of this Act; and

(b)capable of variation in the same manner.

(5)The person is not entitled to receive any payment or other benefit because he or she has, under this Act, ceased to be an employee of the old Board and become an employee of the new Board.

8Dissolution of old Board

(1)On the commencement of this Act, the old Board is dissolved.

(2)The Registrar of Incorporated Societies must, as soon as practicable after the commencement of this Act, remove the name of the old Board from the register kept under Part 2 of the Charitable Trusts Act 1957.

9References in documents

On and from the commencement of this Act, references to the old Board in any contract, lease, notice, order, proceedings, or other document have effect as if they were references to the new Board.

10Records and registers

(1)Neither the Registrar-General of Land nor any other person charged with the keeping of any records or registers is obliged solely by reason of any provision of this Part to change any name in those records or registers or in any document.

(2)In the absence of evidence to the contrary, it is sufficient proof that any property, rights, or obligations of the old Board become, under this Part, the property, rights, and obligations of the new Board if a person presents to the Registrar-General of Land or the other person, as the case may require, an instrument, whether or not comprising an instrument of transfer,—

(a)executed or purporting to be executed by or on behalf of the new Board; and

(b)relating to any property, rights, or obligations of the old Board in existence immediately before the commencement of this Act; and

(c)containing a recital that the property, rights, or obligations have become the property, rights, or obligations of the new Board under this Act.